ILLINOIS POLLUTION CONTROL BOARD
    April 22, 1976
    ENVIRONMENTAL PROTECTION
    AGENCY,
    )
    )
    Complainant,
    V.
    )
    PCB 75-2
    WEAVER TRUCKING CORPORATION,
    INC.,
    )
    an Illinois Corporation, GLENN
    D.
    )
    WEAVER,
    an individual,
    and BESSIE R.
    )
    WYSS, an individual,
    Respondents.
    Mr. Fredric Benson, Assistant Attorney General, appeared on
    behalf of the complainant.
    Mr. Melvin 0. Moehie appeared on behalf of the respondents.
    OPINION
    AND
    ORDER OF THE BOARD
    (by Dr. Satchell):
    This case comes before the Board upon a complaint filed
    on January
    2,
    1975 by the Environmental Protection Agency
    (Agency).
    The complaint alleged that Weaver Trucking Cor-
    poration and Glenn
    D.
    Weaver had leased and operated certain
    property as
    a refuse disposal site located in a portion of
    the Southeast 1/4 of the Southwest 1/4 of Section
    9, Town-
    ship 26 North, Range
    3 West,
    in Tazewell County and that
    Bessie
    R. Wyss has owned the aforementioned property at all
    times pertinent to this complaint.
    The allegations of
    Count
    I are that from July 1,
    1970 to July 27,
    1973 that
    Respondent was in violation of Section 21(e)
    of the Act
    and that from July 1,
    1970 to the date of filing, Respondent
    was also in violation of Sections 21(a)
    and 21(b)
    of the Act.
    Further allegations were made of violations of day to day
    operating rules from July 1, 1970 to July 27, 1973 under the
    Rules and Regulations for Refuse Disposal Sites and Facilities
    (hereinafter Rules)
    remaining in effect pursuant to Sec-
    tion 49(c)
    of the Act; these included violations of Rules
    4.02(a), 4.03(a), 4.03(b),
    4.03(c),
    5.03,
    5.04,
    5.06, 5.07(a),
    5.09,
    5.10(a), 5.10(b), and 5.10(d).
    Count II alleges a similar mode of operation as to
    that in Count I; however, Count II alleges these operations
    from dates of July
    27,
    1973 to the date of filing this complaint.
    This period takes into account the current regulations, thus
    alleging violations of the following of the Pollution Control
    21—211

    —2—
    Board’s Solid Waste Regulations
    (hereinafter Regulations):
    303(b)
    ,
    305(a)
    ,
    305(b)
    ,
    306,
    307(b)
    ,
    307(d)
    ,
    314(b)
    ,
    314 (e)
    and
    314(f).
    The Respondents permanently closed the refuse
    disposal site in question on or about June 29,
    1974.
    Count II
    further
    alleges
    a
    failure
    to
    place
    final
    cover
    and
    a
    violation
    of
    305(c)
    of
    the
    Regulations.
    February
    23,
    1976
    a
    hearing
    was
    held
    at
    Pekin,
    Illinois.
    A
    Stipulation
    of Facts and Settlement Proposal was presented
    at
    the
    hearing,
    There
    was
    no
    other
    testimony.
    The
    Stipulated
    Facts
    are
    as
    follows.
    The
    site
    in
    question
    had
    been
    run
    for
    about
    fifteen
    years
    prior
    to
    June
    23,
    1974
    at
    which
    time
    Mr.
    Weaver
    ceased
    accepting
    refuse.
    The
    site
    is
    in
    a
    predominantly
    rural
    area
    and
    if
    developed
    with
    proper
    engineering
    and
    operated
    in
    conformity
    with
    applicable
    laws
    and
    regulations
    the
    property would be suitable to a refuse disposal site.
    The site when it was operating was convenient to
    neighboring
    communtites
    who
    would otherwise have had to
    go farther to dispose of refuse.
    During this time the
    site was operated on the average by no more than two
    people and at a maximum, no more than five.
    Respondent
    Glenn
    D.
    Weaver
    admits
    the
    violations
    alleged in the complaint as they apply to him.
    From
    May
    14,
    1971 to June
    10,
    1974, twenty—nine inspections
    of the site were made and twenty-three letters conveying
    findings
    of
    the
    inspections
    were
    sent
    by
    the
    Agency
    and
    received by Mr. Weaver.
    It addition at each inspection
    either Mr. Weaver or the operator was orally informed as
    to the deficiencies noted
    (Stip.
    at 4).
    Citizen complaints
    about the litter were made on January 19,
    1973 and March
    4,
    1974.
    The
    northeast
    portion
    of
    the
    site drains into one
    of the tributaries of the Ten Mile Creek.
    During the
    use of the site and since remedial measures have been
    taken leachate has been observed leaving the site and
    running into a tributary of the Ten Mile Creek.
    During an inspection on July
    10, 1974 equipment was
    observed applying
    a final cover; however, later in 1974
    inspections showed areas of uncovered refuse.
    From
    January 16,
    1975 through February 1975, Mr. Weaver com-
    pleted applying final cover to the site.
    This cost Mr.
    Weaver $43,167.50 for labor and $7,140 for equipment
    rental.
    Inspection on May 22,
    1975 revealed that the cover
    was generally complete and satisfactory; however, several
    specific areas needed more work.
    Mr. Weaver estimated
    that this work, except for one area, would cost $4,716.
    21— 212

    Under the Settlement Proposal Mr. Weaver agrees to
    complete closure
    of the
    site
    in
    accordance
    with
    Rule
    318
    of the Board’s Solid Waste Rules and Regulations.
    Respon-
    dent also agrees
    to:
    (1)
    regrade or backfill a ditch
    flowing
    northeast
    from the road at the south central
    portion
    of the
    site;
    (2)
    recover eroded portions of the
    site at its northwest and northeast corners;
    (3)
    apply
    more compacted
    cover
    in the
    northeast corner of the site
    in order to prevent leaching;
    (4)
    correct conditions
    causing blocked drainage at the end of the site;
    (5) restrict
    access to the site; and
    (6)
    prepare and seed the site.
    These
    actions are to be completed
    by
    June
    1, 1976 or within sixty
    days of the Board Order, whichever occurs later,
    There
    is
    a potential :Leachate problem on the southern
    side of the site.
    The
    township road district
    is planning
    to do some work
    on
    the road bordering the southern side of
    the site.
    This work
    is to
    be done by June
    1, 1976 and is
    expected to eliminate the drainage problem.
    If the work
    is not completed by this time,
    Mr. Weaver will then assume
    responsibility for preventing water from ponding on the
    southern portion
    of the site,
    and shall complete action to
    accomplish this goal by July
    1,
    1976 or within thirty days
    after the Board Order approving the settlement, whichever
    occurs later.
    Respondent agrees to pay a penalty of $1,000 for the
    violations herein admitted.
    The Agency found this penalty
    sufficient in view of the fact the site
    is no longer
    accepting refuse and that much remedial work at sizeable
    expenditure was voluntarily performed.
    The Agency agreed
    to dismissing Respondents Weaver Trucking Service,
    Inc.,
    and Bessie R. Wyss without prejudice.
    The Board finds the proposed Stipulation of Facts and
    Settlement Proposal acceptable under Rule 333 of the
    Procedural Rules.
    The Board finds that Respondent Glenn W. Weaver was
    in violation of the named Rules and Regulations and
    Sections of the act.
    A penalty of $1,000
    is assessed for
    these violations.
    Considering the number of violations
    involved this penalty is not large, however, sizeable
    expenditures and remedial work are mitigating factors.
    Respondents Weaver Trucking Service,
    Inc., and
    Bessie
    R. Wyss are dismissed without prejudice.
    This constitutes the Board’s findings of fact and
    conclusions
    of law.
    21
    213

    —4--
    it
    is the order of the Pollution Control Board that:
    1.
    Respondent Glenn
    D. Weaver was in violation of
    the following Rules and Regulations for Refuse Disposal
    Sites and Facilities remaining
    in effect pursuant to
    Section
    49(c)
    of the Act: 4.02(a),
    4.03(a), 4.03(b), 4.03(c),
    5,03,
    5.04,
    5.06, 5.07(a),
    5.09,
    5.10(a),
    5.10(b)
    and
    5.10(d);
    and of the following of the Board’s Rules and
    Regulations for Solid Waste: Chapter
    7:
    303(b), 305(a),
    305(b)
    ,
    305(c)
    ,
    306,
    307(b)
    ,
    307 Cd)
    ,
    314 (b)
    ,
    314 (e) and
    314(f)
    ;
    and Sections
    21(a)
    ,
    21(b)
    and 21(e)
    of the Environ-
    mental Protection Act.
    2.
    Respondents Weaver Trucking Service, Inc., and
    Bessie
    R. Wyss are dismissed without prejudice.
    3.
    Mr. Weaver will complete closure of the site in
    accordance with Rule 318
    of
    the Board’s Solid Waste
    Regulations and in accordance with the six steps outlined
    in the Stipulation and the body of this opinion within
    60 days of this order or June
    1, 1976 whichever comes
    later.
    If
    it becomes necessary Mr. Weaver will also do
    whatever work is required to prevent water from ponding
    on the southern portion of this site.
    This shall be com-
    pleted by July
    1,
    1976
    or
    within 30 days of this order
    whichever is later,
    4.
    Respondent Weaver will pay a penalty of $1,000
    for the aforesaid violations.
    Payment by certified check
    or money order payable to the State of Illinois shall be
    made within
    35 days
    of the date of this order to:
    State of Illinois
    Fiscal Services Division
    Environmental Protection Agency
    2200 Churchill Road
    Springfield, Illinois 62706
    5.
    Respondent Weaver will cease and desist further use
    of the site except for purposes of compliance with this order
    or the Solid Waste Rules and Regulations of the Board.
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify the above Opnion and Order
    were adopted on the
    ~
    day of
    -
    ,
    1976 by
    avoteofp,
    _________
    Illinois
    Pollution
    21
    214

    Back to top